Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Treat excess slump-sale consideration over identifiable tangible asset values as goodwill or commercial rights and allow depreciation thereon under section 32(1)(ii); adopt the Departmental Valuation Officer's fair market values for land, building and other tangible assets when computing depreciation and direct the Assessing Officer to recompute accordingly. Reject attributing the entire balance to land or limiting depreciation to transferor WDV where valuation shows a balancing figure. Verify claims for depreciation on landscaping and internal roads with opportunity to the taxpayer before adjudication.
Treat excess slump-sale consideration over identifiable tangible asset values as goodwill or commercial rights and allow depreciation thereon under section 32(1)(ii); adopt the Departmental Valuation Officer's fair market values for land, building and other tangible assets when computing depreciation and direct the Assessing Officer to recompute accordingly. Reject attributing the entire balance to land or limiting depreciation to transferor WDV where valuation shows a balancing figure. Verify claims for depreciation on landscaping and internal roads with opportunity to the taxpayer before adjudication.
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